As used in this chapter, the following terms shall have the
meanings indicated:
HAWKER and PEDDLER
Includes, except as hereinafter expressly provided, any person,
either principal or agent, who from any public street or public place
or by going from house to house or place of business to place of business,
on foot or on or from any vehicle, sells, barters, or purchases, offers
for sale or barter or purchase or carries or exposes for sale or barter
any goods, wares or merchandise, books, magazines, periodicals or
any other item or items of value except milk, newspapers and food
distributed on regular customer routes.
LICENSING OFFICER
Such person as shall be designated by the Board of Trustees;
provided, however, that in the event that no such designation is made,
the licensing officer shall be the Village Clerk.
SOLICITOR
Includes any person who goes from place to place or house
to house or by telephone or standing in any street or public place
takes or offers to take orders for, or offers to purchase, goods,
wares or merchandise, books, magazines, periodicals or any other item
or items of value except newspapers, dairy products or milk, or for
services to be performed in the future or for making, manufacturing
or repairing any article or thing whatsoever for future delivery at
the home or residence of any person who has been solicited prior thereto
by telephone or has responded to any type of advertising media requiring
an appointment or consultation or sales presentation in the home or
place of residence of such person.
TRANSIENT MERCHANT
A merchant who sells merchandise from private property within
the Village for temporary periods only and does not conduct business
in buildings or structures which are assessed on the Village tax rolls.
VILLAGE CLERK
The Clerk of the Village of Dundee or Deputy Clerk thereof.
It shall be unlawful for any person within the limits of the
Village to act as a hawker, peddler, solicitor or transient merchant,
as herein defined, or assist the same without first having obtained
and paid for and having in force and effect a license therefor or
having in force and effect a certificate of compliance.
An application for a license as a solicitor or transient merchant
who demands, accepts or receives payment or a deposit of money in
advance of final delivery shall also be accompanied by a cash deposit
of $1,000 or a surety company bond of $10,000 or other bond secured
by sufficient collateral, said bond to be approved by the Village
Attorney or legal counsel as to form and surety, conditioned for making
a final delivery of the goods, wares or merchandise ordered or services
to be performed in accordance with the terms of such order or, failing
therein, that the advance payment on such order shall be refunded.
Any person aggrieved by the action of any licensed solicitor shall
have the right by action on the bond for the recovery of money or
damages, or both. Such bond shall remain in full force and effect,
and, in case of a cash deposit, such deposit shall be retained by
the Village for a period of 180 days after the expiration of any such
license, unless sooner released by the Board of Trustees.
A fee schedule shall be established by motion or resolution
of the Board of Trustees. Such fee schedule may therefor be amended
from time to time by like resolution. The fees set forth in, or determined
in accordance with, such fee schedule or amended fee schedule shall
be charged and collected for the issuance of peddling and soliciting
permits.
Every peddler or solicitor licensed under this chapter shall
have said license in possession at all times when peddling or soliciting,
and shall display the same upon demand of any person.
No license issued under the provisions of this chapter may be
transferred from one person to another person.
It shall be the duty of any law enforcement officer in the Village
of Dundee to require any person seen peddling, and who is not known
by such officer to be duly licensed, to produce his peddler's
license and to enforce the provisions of this chapter against any
person found to be violating the same. The Code Enforcement Officer
is further authorized to enforce the provisions hereof.
Any person aggrieved by the action or determination of the licensing officer in the denial of an application for a license as provided in §
97-6 of this chapter shall have the right to appeal to the Board of Trustees. Such appeal shall be taken by filing, within 14 days after notice of the action or determination complained of has been mailed to such person's last known address, a written statement setting forth fully the grounds for appeal. The Board of Trustees shall set a time and place for a hearing on such appeal, and notice of such hearing shall be mailed to the applicant at least five days prior to the date set for the hearing. The decision and order of the Board of Trustees on such appeal shall be final and conclusive.
It shall be the duty of the Village Clerk to keep a record of
all applications and of all licenses granted under the provisions
of this chapter, giving the number and date of each license, the fee
paid and the date of revocation of all licenses.
All annual licenses issued under the provisions of this chapter
shall expire on the 31st day of December in the year issued. All other
than annual licenses shall expire on the date specified in the license.
A violation of any provision of this Code shall be punishable
by a fine not to exceed $250 and/or a maximum of 15 days' imprisonment
for each violation of the provisions of this chapter.